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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 11/12/1998 (6) MEETING MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT GLENDALE COUNCIL CHAMBERS BUILDING CONFERENCE ROOM B-3 5850 WEST GLENDALE AVENUE GLENDALE, ARIZONA 85301 THURSDAY,NOVEMBER 12, 1998 The regular meeting was called to order at approximately 7:07 p.m. by Chairperson Cheniae, with the following members and representatives present: BOARD MEMBERS: Kathe Neyer Daniel Drew Ron Piceno Robert Koehler Richard Gitelson Gordon Cheniae, Chairperson CITY STAFF: Ray Jacobs, Zoning Administrator Rick Flaaen, Deputy City Attorney Ricardo Toris,Planner Katie Douglas,Recording Secretary Chairperson Cheniae began the meeting by explaining that the Board of Adjustment is a quasi- judicial body made up of volunteers appointed by the City Council. The Board hears requests for relief from the requirements of the Zoning Ordinance and appeals to certain decisions made by the Planning Director. The Board considers each request on its own merits and bases its decision on the findings required by the Zoning Ordinance. The Board's decision is final unless appealed to the City Council or through Superior Court. Mr. Jacobs, Zoning Administrator, introduced the members of the staff who were present. Chairperson Cheniae called for approval of the minutes from the October 8, 1998 meeting. Boardmember Gitelson made a MOTION to approve the minutes as written. Boardmember Piceno SECONDED the MOTION which passed unanimously. Chairperson Cheniae called for Business From the Floor. There was none. Chairperson Cheniae asked staff if there were any requests for withdrawals or continuances. There were none. November 12, 1998 Board of Adjustment ZV-98-16 Page 2 Chairperson Cheniae stated that the purpose of a public hearing is to provide interested parties the opportunity to present testimony for the Board's consideration. An affirmative vote of four Board members is required to pass a motion. Chairperson Cheniae then explained the Board's hearing process. Chairperson Cheniae called for the first item on the agenda. 1. ZV-98-16 A request by Ron and Tammy Smith for variances to allow: 1) a 63-foot front yard setback where 75 feet is the minimum required; 2) 15-foot side yard setbacks where 50 feet is the minimum required; and 3) a maximum lot coverage of 15% where 10% is the maximum allowed in the A-1 (Agricultural)Zoning District. Mr. Torts presented the application, reviewing the site and request. He concluded his presentation by stating that staff felt the request appeared to meet findings # 1, #2 and #4. Whether or not it meets finding#3 is debatable. Boardmember Neyer asked why we are approving a front setback that's already there. Mr. Torts responded that the current setback is 75 feet in the A-1 (Agricultural) zoning district. The applicant is requesting a 63-foot setback for the new structure to match the existing established front yard setback. Boardmember Neyer asked if there is a side setback needed for the driveway. Mr. Torts stated that there are no setbacks for a concrete driveway as it is not considered a structure. The setback is for the corner of the garage addition. Boardmember Gitelson asked if there was any public response. Mr. Toris responded that as of this day at 6:30 p.m. he had received no responses. Chairperson Cheniae called the applicant to speak. Tammy Smith, 6614 W. Sweetwater Avenue, stated that she petitioned the neighborhood. She presented a petition with a number of signatures. She stated that the neighbors didn't care if the variance was approved. Several neighbors offered to come to the hearing and voice their support. She told her neighbors she didn't think that would be necessary. Mrs. Smith brought photographs of neighboring properties with 15-foot setbacks. She stated that a number of neighboring homes have 15-foot setbacks. Boardmember Gitelson asked if the trees would be removed to build the bedroom addition. He asked if there is an ordinance regarding the removal of trees. Mr. Toris responded that there is no ordinance regarding this. November 12, 1998 Board of Adjustment ZV-98-16 Page 3 Mrs. Smith stated that one of the trees is dead and will be removed. Boardmember Drew asked how long she has lived at the current residence. Mrs. Smith stated that she has lived there since November, 1988. Boardmember Piceno asked how much of a problem it would be to straighten the garage dog-leg and go straight to the back. Mrs. Smith replied that they considered that option, but it would cut into the back yard and they would lose a portion of the patio. Chairperson Cheniae asked if the applicant would like to make a closing statement. Mrs. Smith stated that she didn't think so and she appreciated their time. Mr. Torts stated that he did not get an opportunity to view the pictures Mrs. Smith passed around. He stated that Mr. Mecham's property, of which a picture was taken, is in a different zoning district (SR-30) which have different setback requirements. He also commented that some of the setbacks that Mrs. Smith referenced may have been for accessory structures which are allowed different setbacks than the principal structure. Chairperson Cheniae offered Mr. Torts an opportunity to view the pictures. Mr. Torts declined. Chairperson Cheniae closed the public hearing on ZV-98-16. Boardmember Koehler made a MOTION to APPROVE ZV-98-16. Boardmember Piceno SECONDED the MOTION. Boardmember Neyer stated that the Board has approved several variances similar to the one in question. She stated that the zoning is probably not correct for this area and that she will support the variance. Boardmember Drew felt that the request meets the four required findings and he would approve it. Boardmember Piceno agreed with the staff and he would approve it. Boardmember Koehler felt that the variance is justified and that the current zoning is not appropriate for a lot of that size. November 12, 1998 Board of Adjustment ZV-98-16 Page 4 Boardmember Gitelson agreed with the previous statements made by the board. He stated that in viewing the house he didn't believe it would detrimental in any way to the neighbors. He also noted that there were no complaints from neighbors. He concurred with the Board. Chairperson Cheniae concurredwith the other boardmembers. He felt that all four findings have been met and would support this. Chairperson Cheniae called for a Roll Call Vote, and the MOTION PASSED UNANIMOUSLY. Chairperson Cheniae asked if there was any Other Business. Mr. Jacobs pointed out that in the regards to the variance approved at this evening's meeting, the setbacks for an accessory building is different from that of a principal residence. Mr. Jacobs then raised attendance for the December Board meeting. He stated that we will be only five Boardmembers for that meeting and asked if the other members would be available. Chairperson Cheniae stated that he will be out of town on December 10, 1998. Mr. Jacobs stated that since he heard no additional comments, he would assume that the other five boardmembers will be present for that meeting. Chairperson asked if the seventh Boardmember might be appointed by the next meeting. Mr. Jacobs stated that he has not heard any new information regarding the vacancy. Mr. Jacobs stated that he appreciated the cooperation of the boardmembers in the workshop which took place earlier that evening. He stated that if they had any questions, he would be available to answer them in person or on the telephone. Chairperson Cheniae asked if there were any other comments from the Board. Boardmember Gitelson thanked the staff for their help before the meeting and for the dinner. Boardmember Koehler stated that it was a fine dinner and that it was nice opportunity to get acquainted with the rest of the board. Chairperson Cheniae agreed that it was excellent. Since there was no further business, Chairperson Cheniae called for a MOTION to adjourn. Boardmember Piceno made a MOTION to adjourn. Boardmember Gitelson SECONDED the MOTION which passed unanimously. November 12, 1998 Board of Adjustment ZV-98-16 Page 5 The meeting was adjourned at 7:39 p.m. Katie Douglas,Recording Secretary